Dear John,
It happened: Justice Stephen Breyer has announced his retirement from the Supreme Court at the end of this term.
His decision to step down now is the right one. President Biden should quickly nominate a progressive replacement, and the Senate should waste no time confirming her.
But let’s be clear: this doesn’t solve our Supreme Court problem. Justice Breyer’s retirement doesn’t change the makeup of a hyper-partisan 6-3 Supreme Court that has been an active participant in the Republican assault on our rights and democracy. Unless we expand the Court, 6 justices will keep dismantling our democracy, rolling back our rights, and preventing progress on everything from climate change to reproductive rights and gun safety.
So add your name to demand Congress pass the Judiciary Act to expand the Court after replacing Breyer with a progressive justice.
Replacing Justice Breyer with one justice preserves a broken status quo and enshrines minority rule. Replacing Justice Breyer with 5 progressive justices is how we save democracy.
Thanks,
Sarah Lipton-Lubet
Executive Director, Take Back the Court